filling dependant children who right me or mom?

Forum|Forum|1 year ago
January 20, 2025
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My niece was incarcerated February 2023. I was left to care for her two minor children. She was released March 2024, but she moved to a town two hours away from where we lived leaving her children with me. She might’ve visited twice and gave no support to children claiming homeless. She returned mid October 2024 where she then picked up her children and they stayed in a shelter and she’s telling me that I have no right to claim her children as dependence on my 2024 Tax return due to she is their mother and she will be claiming her children, but I cared for her children school clothes, doctor visits Day Care So who is right? Can I claim the children or mom who really didn’t have any income?

Not A Product Question

Bsch4477

Employee

Since the children lived with you more than half of the year you can claim them. If mother had no income claiming the children wouldn’t get her any tax benefits.

xmasbaby0

Employee

The children were not with their mother for even half of the year. If she did not have any income from working, she is also not eligible for any refund based on claiming the children---although she might think she will get something. If she files first and claims the children, your own e-file will be rejected. But go ahead and prepare your return claiming your nieces/nephews who were with you for more than half the year and who were supported by you. File your tax return by mail. It will be handled and processed differently.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s. Use a mailing service that will track it, such as certified mail so you will know the IRS/state received the return.

Federal and state returns must be in separate envelopes and they are mailed to different addresses. Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**